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Divorce on joint request, unilateral divorce on demand, exhausted agreement, partial agreement: Ask for advice in all cases by a specialized service.

Divorce on joint request

The spouses may apply jointly for divorce (divorce on the joint application) and submit to the court an exhaustive convention that regulates all the effects of divorce.

An exhaustive convention

  • Deals with all matters concerning children, such as custody, visitation, the child support;
  • Sort out everything regarding the assets of the spouses, such as division of assets, equity in pension   fund and the splitting of the AVS;
  • Defines food pension between spouses.

The question of where a divorced foreign couple or bi–nationals establishes its respective homes has a direct impact on regulations concerning the common children. Thus, a joint custody is not feasible at long distance. Visitation rights of the parent, who has no custody, must also be adapted to spatial circumstances.

Whether to pay child support for maintenance of common children and that the father or mother lives abroad, we can, provided that the country concerned is a signatory to the relevant agreements, appeal to the international recovery of child support. For further information, please contact the International Social Service (ISS).

The court heard the couple together and separately. If it finds that the divorce agreement filed and the convention presented are the result of a free decision and are well thought out, the agreement will most likely be approved.
If the spouses confirm their willingness to divorce two months after the court hearing, it shall then pronounce the divorce and ratify the Convention..

Once ratified by the court, a divorce agreement cannot be easily challenged. It is therefore worthwhile to seek advice by a common lawyer.

Partial agreement

If the spouses have agreed on their desire to divorce but could not agree on all the consequences of their divorce, they have the opportunity to ask the court to resolve the effects of divorce that are the subject of disagreement.

The court heard the couple as in the case of a exhaustive convention. Each spouse files its requests on the effects of divorce on which there was no agreement. The court will decide in the divorce decree.

If the court finds that the conditions for a divorce on the joint request are not met, it sets a time limit for each spouse to replace the query with a unilateral divorce.

Unilateral request for divorce

A spouse may divorce unilaterally, if the couple lived separately for at least two years.
A spouse may file for divorce before the expiration of two years, when serious raisons that he or she is not responsible make the continuation of marriage unbearable.
The provisions relating to divorce on the joint application shall apply mutatis mutandis when a spouse files for divorce after suspension of cohabitation or marriage breakdown and the other consents to the divorce or file a counterclaim.
The provisions relating to divorce on the joint request are applied by analogy when a spouse files for divorce after suspension of cohabitation or marriage breakdown and the other consents to the divorce or file a counterclaim.

In this section: Legal consequences

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